43 U.S.C. § 521

Sale of surplus waters generally

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The Secretary of the Interior in connection with the operations under the reclamation law is authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such conditions of delivery, use, and payment as he may deem proper: Provided, That the approval of such contract by the water-users’ association or associations shall have first been obtained: Provided, That no such contract shall be entered into except upon a showing that there is no other practicable source of water supply for the purpose: Provided further, That no water shall be furnished for the uses aforesaid if the delivery of such water shall be detrimental to the water service for such irrigation project, nor to the rights of any prior appropriator: Provided further, That the moneys derived from such contracts shall be covered into the reclamation fund and be placed to the credit of the project from which such water is supplied.

Notes of Decisions

Cited in 10 cases, 1955–2013 · leading case: San Luis Unit Food Producers v. United States, 772 F. Supp. 2d 1210 (E.D. Cal. 2011).

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San Luis Unit Food Producers v. United States, 772 F. Supp. 2d 1210 (E.D. Cal. 2011). · cites it 3× “None of these could possibly trigger 43 U.S.C. § 521 because they are not Reclamation Law “contracts.”

ETSI Pipeline Proj. v. Missouri, 484 U.S. 495 (1988). “4 See also 43 U. S. C. § 521 (1946 ed.). Under that section the Interior Secretary “in connection with the operations under the reclamation law is hereby authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation .”

Env't Def. Fund, Inc. v. Morton, 420 F. Supp. 1037 (D. Mont. 1976). · cites it 3× “n contracts by the appropriate water users’ associations; have failed to make the required showing that there is no other practicable source of water supply for these industrial purposes; and have contracted to furnish water for industrial purposes, the delivery of which will be…”

San Luis Unit Food Producers v. United States, 709 F.3d 798 (9th Cir. 2013). “” 43 U.S.C. § 521 (emphasis added). The Farmers rely on § 521 to argue that their lands are suffering just such a detriment and that, therefore, the Bureau must operate the San Luis Unit to provide them with more irrigation water before distributing water for non-irrigation…”

Molokai Homesteaders Coop. Ass'n v. Morton, 506 F.2d 572 (9th Cir. 1974). · cites it 8× “5 Plaintiffs’ next line of argument is to the effect that 43 U.S.C. § 521 requires the Secretary of the Interior to be a party to contracts such as that which the Board and the corporation propose to enter into, covering the use of the System’s facilities to convey the…”

The Chemehuevi Tribe of Indians v. Fed. Power Comm'n, Arizona Pub. Serv. Co., Intervenors, 489 F.2d 1207 (D.C. Cir. 1973). “pted, including the maps, plans, and specifications, shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement…”

El Paso Cnty. Water Improvement Dist. No. 1 v. City of El Paso, 133 F. Supp. 894 (W.D. Tex. 1955). “451 , 43 U.S.C.A. § 521 . “The Secretary of the Interior in connection with the operations under the reclamation act is authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such conditions of delivery, use…”

Strawberry Water Users Ass'n v. United States, 576 F.3d 1133 (10th Cir. 2009). “In its answer to the consolidated federal case, the United States counterclaimed, seeking a declaration that “the actions of [SWUA] in filing a change of use application on water rights belonging to the United States for the [SVP], and purporting to change the use of such water…”

Molokai Homesteaders Coop. Ass'n v. Morton, 356 F. Supp. 148 (D. Haw. 1973). · cites it 4× “§ 422e of the Small Reclamation Projects Act of 1956, 2 two based upon the governor’s executive order of August 23, 1971, relating to environmental impact statements, 3 three based upon 43 U.S.C. § 521 of the federal reclamation laws, 4 and four based upon 42 U.”

N. Colorado Water Conservancy Dist. v. United States, 88 Fed. Cl. 636 (Fed. Cl. 2009). “, 43 U.S.C. § 521 (“[T]he moneys derived from such contracts [concerning sale of surplus waters] shall be covered into the reclamation fund.”

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